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2005

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Institution
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Articles 21871 - 21882 of 21882

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Is There A Subjective Element In The Refugee Convention's Requirement Of 'Well-Founded Fear'?, James C. Hathaway, William S. Hicks Jan 2005

Is There A Subjective Element In The Refugee Convention's Requirement Of 'Well-Founded Fear'?, James C. Hathaway, William S. Hicks

Articles

Linguistic ambiguity in the refugee definition's requirement of "well-founded fear" of being persecuted has given rise to a wide range of interpretations. There is general agreement that a fear is "well-founded" only if the refugee claimant faces an actual, forward-looking risk of being persecuted in her country of origin (the "objective element"). But it is less clear whether the well-founded "fear" standard also requires a showing that the applicant is not only genuinely at risk, but also stands in trepidation of being persecuted. Beyond vague references to the subjective quality of "fear," few courts or commentators have undertaken the task …

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Do Institutions Matter? The Impact Of The Lead Plaintiff Provision Of The Private Securities Litigation Reform Act, Adam C. Pritchard, Stephen J. Choi, Jill E. Fisch Jan 2005

Do Institutions Matter? The Impact Of The Lead Plaintiff Provision Of The Private Securities Litigation Reform Act, Adam C. Pritchard, Stephen J. Choi, Jill E. Fisch

Articles

When Congress enacted the Private Securities Litigation Reform Act in 1995 ("PSLRA"), the Act's "lead plaintiff' provision was the centerpiece of its efforts to increase investor control over securities fraud class actions. The lead plaintiff provision alters the balance of power between investors and class counsel by creating a presumption that the investor with the largest financial stake in the case will serve as lead plaintiff. The lead plaintiff then chooses class counsel and, at least in theory, negotiates the terms of counsel's compensation. Congress's stated purpose in enacting the lead plaintiff provision was to encourage institutional investors-pension funds, mutual …

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Learning From Venice, Max Ryynänen Jan 2005

Learning From Venice, Max Ryynänen

Contemporary Aesthetics (Journal Archive)

What role does arrival play in our aesthetic interaction with a city? Traveling to Venice drastically changed following the building of the railway. The way the city was perceived was wholly altered. The facade of Venice moved from the harbor to the railway station, without any changes being made to the city itself or its architecture. How did this change Venice and how did it change visiting it, and what can we learn from this case?

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The Evolution And Revolutions Of The Networked Art Aesthetic, Jeanne Marie Kusina Jan 2005

The Evolution And Revolutions Of The Networked Art Aesthetic, Jeanne Marie Kusina

Contemporary Aesthetics (Journal Archive)

Mail art, artist books, artist amps, assemblings, experimental and visual poetry, Email art, video, and performance art have all, at various times, been considered members of the loosely configured classification known as "Networked art". Yet the common thread associating these diverse media is not the manner of their production, but rather the dynamic way in which they are distributed throughout artist networks. Emphasizing communication and generosity, Networked artists attempt to subvert conventional systems of exchange while also maintaining an intimacy of expression. I will discuss these qualities and how they often evolve from subtle attempts to undermine an allegedly flawed …

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Procedural Incrementalism: A Model For International Bankruptcy, John A. E. Pottow Jan 2005

Procedural Incrementalism: A Model For International Bankruptcy, John A. E. Pottow

Articles

The headline-grabbing business failures of late have brought increased attention to the relatively unresolved area of multinational bankruptcies. Parmalat, Global Crossing, and United Airlines are among the few international juggernauts that have foundered. In the financial meltdowns of these cross-border institutions, assets and creditors are dispersed throughout commercial environments that rarely end neatly at national borders. There has been heated debate, both in scholarly literature and the practical battlefield, over how best to resolve these transnational insolvencies, and there is nothing yet approaching a consensus. Reform efforts of various stripes have almost uniformly failed to gain meaningful international support. At …

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Vladimir Putin, Campaign Finance Reform, And The Central Meaning Of The First Amendment, John T. Valauri Jan 2005

Vladimir Putin, Campaign Finance Reform, And The Central Meaning Of The First Amendment, John T. Valauri

Seton Hall Law Review

No abstract provided.

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Making Lawyers Responsible For The Truth: The Influence Of Marvin Frankel's Proposal For Reforming The Adversary System, Daniel Walfish Jan 2005

Making Lawyers Responsible For The Truth: The Influence Of Marvin Frankel's Proposal For Reforming The Adversary System, Daniel Walfish

Seton Hall Law Review

No abstract provided.

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Who Pays The Auditor Calls The Tune?: Auditing Regulation And Clients' Incentives, Amy Shapiro Jan 2005

Who Pays The Auditor Calls The Tune?: Auditing Regulation And Clients' Incentives, Amy Shapiro

Seton Hall Law Review

No abstract provided.

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Sell V. United States: The Appropriate Standard For Involuntarily Administering Antipsychotic Drugs To Dangerous Detainees For Trial, Braden A. Borgen Jan 2005

Sell V. United States: The Appropriate Standard For Involuntarily Administering Antipsychotic Drugs To Dangerous Detainees For Trial, Braden A. Borgen

Seton Hall Law Review

No abstract provided.

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The Global Matrix And The Predicament Of 'Postmodernisms': An Introduction To The Critique Of Kulturkampf, Denise Ferreira Da Silva Jan 2005

The Global Matrix And The Predicament Of 'Postmodernisms': An Introduction To The Critique Of Kulturkampf, Denise Ferreira Da Silva

Seton Hall Law Review

No abstract provided.

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Recovering Ancient Ritual And The Theatre Of The Apache: A Journey Through The False Consciousness Of Western Theatre History, Marla Kathleen Dean Jan 2005

Recovering Ancient Ritual And The Theatre Of The Apache: A Journey Through The False Consciousness Of Western Theatre History, Marla Kathleen Dean

LSU Doctoral Dissertations

This dissertation examines past cultural influences that have shaped theatre historians' perception of ancient Greek and contemporary Native American performance. It suggests that through a recognition of these influences, which have long tempered the Western narrative of theatre, ancient and Indigenous performance can be reviewed as similar forms of a lived exchange. The study tracks the formation of certain beliefs and assumptions within performance history through Roman, early Christian and Renaissance cultural identities. It notes the misrepresentation of oral and popular theatre within theatrical scholarship through its reliance upon the written remains of the ruling classes and confronts the notion …

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Re-Conceptualizing Southern Rhetoric: A Meta-Critical Perspective, Christina L. Moss Jan 2005

Re-Conceptualizing Southern Rhetoric: A Meta-Critical Perspective, Christina L. Moss

LSU Doctoral Dissertations

The study of southern rhetoric and public address remains important to the study of American rhetoric and public address. However, recent years indicate a decline in the amount and variety of scholarship in this area of study. This project provides a meta-critical analysis of the history of southern rhetorical scholarship, focusing mainly on southern public address. By tracing ideology from the Agrarians, Richard Weaver, Dallas Dickey, Waldo Braden, Stephen Smith, and Stuart Towns, clear attitudes and definitions of the South, southern identity and southern rhetoric evolved to create an area of study in much need of revision. The remainder of …

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